Foilsiú
50947 (27 May 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: 50947
Date of incident: [ ]
Decision outcome: The application is refused under paragraph 21 of the scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the original Scheme, dated the [ ], the Applicant stated that he suffered an assault perpetrated by [ ], which led to a jaw and dental injury.
3. There is a Garda Report, on file, dated the [ ]. It states the Applicant was assaulted at the back of [ ]. The report outlines the Applicant’s injuries and states that he is still unable to eat properly. The assailant attacked the Applicant, pushed him to the ground and kicked him in the face. The Applicant had no previous criminal record. The offender was charged with a Section 3 assault. The offender pleaded guilty and was sentenced to six months prison (suspended). He was ordered to pay compensation of €2,500
4. The Applicant submitted a report from his dentist, [ ] and a letter from [ ], the Applicant’s employer.
1. Paragraph 21 of the scheme is relevant in this case.
2. Paragraph 21 states that ‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury’.
3. The incident in this case occurred on the [ ]. The Applicant’s application is dated the [ ], which is a number of weeks outside of the three-month time limit. There is a section in the application form entitled ‘any further matters’ and there is nothing in this section to explain why the application was not made on time. The Tribunal notes that the Applicant was back to work on the [ ].
4. The Applicant has not provided any reasonable explanation as to why the application was not submitted within the three-month time-limit. There is no evidence of circumstances which would justify exceptional treatment before the Tribunal.
5. A letter was sent to the Applicant on the [ ], asking the Applicant if he still wished to pursue his claim and requesting him to respond by the [ ]. No response was received.
6. In circumstances where no clear evidence has been put before the Tribunal to suggest why the three-month time limit should be extended, the Tribunal finds that there are no circumstances to justify exceptional treatment and it dismisses this application.
1. The Applicant’s claim fails under Section 21 of the scheme.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022